Americans with a Better Cause (Abc), a Nonprofit Organization Essay

According with what we learned so far and the book, there are 4 sources of American legal philosophy. The U.S. constitution and the constitutions of the various states. Statutory lawincluding laws passed by Congress, state legislatures, or local governing bodies. Regulations created by administrative agencies, much(prenominal) as the Food and Drug Administration. And finally, case law and common law doctrines. In the case of a national statute unconnected with the fall in States nature then the Constitution get out take priority as it has throughout history of the U.S. Supreme Court. If a federal law is in direct conflict with a state statute, where the supremacy clause is valid, such(prenominal) as interstate commerce for example, then the federal law ordain be superior. However, if the federal law is NOT one that the federal political sympathies has exclusive break over, then the state constitution will control unless the federal government can show there is government lack that is greater, as in the case of a national emergency, for example.The U.S. Constitution will always have priority if any law is in rapine of it regardless of what its source. If a state constitution does not violate the U.S. Constitution of federal law then it is supreme within the states borders, thus in both cases the U.S.Constitution will always prevail.Hence in the case above the DOJ enforcing the inherent laws trumps the ABC suit conflicting with state law. The U.S. Constitution will always trump any federal statute but it is irrelevant if a federal statute conflicts with a state constitution due to the supremacy clause.US Constitution fraud VI, Clause 2This Constitution, and the Laws of the fall in States which shall be made in avocation thereof and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land and the Judges in every(prenominal) State shall be bound thereby, any Thing in the Constitutio n or Laws of any State to the Contrary notwithstanding.Therefore, in settling the constitutional question would, if upheld, eventually by the U.S.Supreme Court if necessary, end the case. But, if not upheld or thrown our of court, then it would have to go to the state court and this talent set up another Constitutional challenge, involving again, taking it to the U.S.Supreme Court again.